Bartolic Law has helped many clients suffering from Migraines get paid long-term disability insurance benefits. In one client’s case, we helped the client create detailed documentation of the client’s daily symptoms and how light exacerbated the client’s symptoms, preventing the client from spending any time on a computer.
We also got witness observations to describe the client when the client experienced symptoms. This helped avoid the insurer asserting the symptoms were merely subjective and self-reported. In another matter, we helped a partner of an accounting firm recover benefits due to Chronic Migraines by creating a detailed journal of frequency and intensity of the Migraines’ onset and the specific activities the client was able to do and not able to do during the onset.
Migraine headaches are recurring and can cause severe throbbing pain, light and sound sensitivity, and other symptoms for sufferers. There are many different causes of migraines, and many people are unable to avoid all possible triggers at all times. Migraines can begin when you least expect them, and they can be debilitating for hours or days.
Treatment for migraines can range from lifestyle changes to medication. Treatment-resistant Migraine patients often get prescribed Botox to treat chronic Migraine. In order to qualify to receive Botox treatment for Migraine, patients must have 15 or more days per month with headaches lasting 4 more hours each. By the time your Migraine is treated with Botox, it establishes how frequently you experience the onset and that it interferes with enough of a workday to potentially prevent working. However, when a migraine comes on, most people must stop whatever they are doing – including working – to rest in a dark, cool place for hours at a time. Chronic migraines can make it difficult to work.
Ferrin v. Aetna Life Ins. Co., 336 F. Supp. 3d 910 (N.D. Ill. Sept. 28, 2018) (holding insurance policy’s grant of discretionary authority is void under Texas law due to certificate being issued after effective date of regulation, and policy renewing after effective date, and holding Plaintiff was disabled from Any Reasonable Occupation where treating doctors certify she can sit at the occasional level, and insurer’s consultants opine Plaintiff can sit frequently, as weighing all evidence together would make capacity likely at low end of frequent range at best).
Sadowski v. Tuckpointers Local 52 Health & Welfare Trust, 281 F. Supp. 3d 710 (N.D. Ill. Dec. 20, 2017) (holding plan was arbitrary and capricious in denying medical benefits for removal of spinal cord stimulator following a fall down the stairs and infection where plan argued the expenses were caused by the same injury as the car accident necessitating implantation of the stimulator years earlier)
Tassone v. United of Omaha Life Ins. Co., 264 F. Supp. 3d 867 (N.D. Ill. Aug. 30, 2017) (awarding client long term disability benefits denied by United of Omaha despite insurer’s doctor opining there was no objective evidence of functional impairment)
Suson v. PNC Fin. Servs. Grp., Inc., No. 15-CV-10817, 2017 WL 3234809 (N.D. Ill. July 31, 2017) (holding Liberty Mutual’s denial of client’s long term disability benefits was arbitrary and capricious where Liberty Mutual disregarded client’s carpal tunnel syndrome and relied on a vocational opinion to which client never had an opportunity to address before litigation)
If you believe you might need to file a long-term disability insurance claim due to migraines, you should not wait to speak with Bartolic Law. For a case evaluation, please complete the questionnaire below, and one of our representatives will contact you within minutes.